Levels of scrutiny is a legal term that describes the various standards a law must survive in order to be ruled Constitutional. On Saturday, Senior Judge Fredrick J. Scullen, Jr. of the U.S. District Court for the District of Columbia ruled that the District of Columbia’s ban on carrying of handguns outside the home didn’t stand up to a constitutional test “under any level of scrutiny.”
Scullin’s ruling sets aside the longstanding argument by anti-gun groups that the right to keep and bear arms applies only inside one’s home. While pro-gun advocates are celebrating the ruling, legal experts say the carrying of handguns for self-defense can still be regulated, although the limitations have yet to be established.
At the same time, they agree prohibitive “discretionary issue” laws like those in Maryland, New Jersey and New York, may be in trouble. Groups, including the Second Amendment Foundation, say they have been studying Senior Judge Scullen’s ruling over the weekend and will issue a formal statement later today.
